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S 4349

Requires certain information to be filed with the department of public service

2025 Regular Session Introduced by Leroy Comrie

Requires municipalities to pause 20+ acre development to review open-space preservation, with a 45-day hearing window and possible stay of MLUL timelines.

REFERRED TO ENERGY AND TELECOMMUNICATIONS
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Bill Summary · S 4349

Summary of Senate Bill S 4349

Overview

  • Bill: S 4349
  • Title: Requires certain information to be filed with the Department of Public Service (note: the text provided refers to preservation and land use, not typical DPS authority; the bill’s content centers on open-space preservation during land development)
  • Purpose: Require municipalities to consider preserving large parcels of land for recreation and conservation, with procedural stays on development approval timelines to allow such consideration
  • Introduced: May 12, 2025
  • Primary Sponsor: Leroy Comrie
  • Current Status: Referred to Energy and Telecommunications (note: introduced/committee path is shown with additional committee references in the version content)

Note: The introduced text references preservation under the open-space/conservation framework in New Jersey law (P.L.1997, c.24) and the Municipal Land Use Law (MLUL), rather than a typical Department of Public Service filing requirement.

Key Provisions

  • Trigger for consideration: When an application for development involves property of 20 or more contiguous acres, the municipality must consider preserving the property for recreation and conservation.
  • Notification requirement: The administrative officer must inform the municipal governing body upon receipt of the development application and that the governing body must consider preservation under the open-space statute (P.L.1997, c.24).
  • Stay of development timelines: All applicable time periods under the MLUL (P.L.1975, c.291) that govern action on the development application, including completeness certification, are stayed to allow the governing body to decide whether to commence preservation.
  • 45-day consideration window: The municipal governing body has 45 days from receipt of the application to:
    • Hold a public hearing on preservation consideration (public notice required)
    • Decide, by resolution, whether to commence the process of preserving the property under P.L.1997, c.24
    • Notify the administrative officer of its decision
  • If preservation is commenced:
    • The stay on development timelines continues while the open-space preservation procedures under P.L.1997, c.24 are completed
    • After those procedures, the governing body informs the administrative officer and the applicant whether the project is denied because the municipality is purchasing the property, or whether the stay will resume if the municipality is not purchasing
  • If preservation is not commenced:
    • The administrative officer lifts the stay and informs the applicant of the new timelines under MLUL to proceed (e.g., certification of completeness)
  • Immediate effect: The act is stated to take effect immediately.

Who Is Affected

  • Municipalities and their administrative officers: Must implement notification, stay, and preservation processes.
  • Municipal governing bodies (councils/commissions): Responsible for convening hearings, deciding whether to commence preservation, and coordinating with open-space procedures.
  • Developers/applicants: Face potential delays and additional reviews for large parcels (20+ acres).
  • Residents and interested parties: Granted opportunity to testify during the preservation-eligibility hearing.
  • Open-space preservation processes: Triggers use of P.L.1997, c.24 procedures if preservation is pursued.

Timeline & Process Notes

  • Receipt of development application for 20+ acres triggers notification and stay.
  • 45-day window to hold hearing and decide on preservation.
  • If preservation begins, the MLUL stay continues until completion of open-space procedures; outcome communicated to applicant.
  • If preservation is not pursued, the stay is lifted and standard MLUL timelines resume.

Additional Context

  • Related bills and prior-session references (S 1805, S 3287, etc.) indicate ongoing interest in open-space preservation policy.
  • This bill aligns development review with municipal open-space objectives, potentially increasing the time and process required before project approvals for large parcels.

Compiled from official sources — confirm details with the bill’s official record.

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